Welcome to the Advantage Business Supplies. (“ABS”) Web site (“Site”). ABS provides and maintains this site as a service to its customers, users, and registrants. These Terms and Conditions of Use (the “Terms and Conditions”) represent the entire understanding between you and Advantage Business Supplies. (“ABS”) regarding use of this Web site (the “Site”) and any of the services and products made available by ABS and on the Site (collectively, the “Services”). By using the Site, you signify your acceptance of these Terms and Conditions. ABS reserves the right, at any time, to modify, alter, update or remove portions of these Terms and Conditions, so please check them (including our Privacy Statement and all other policies) from time to time as your on-going continued use of the Site signifies your acceptance of any changed terms, and your agreement to be bound by such changes.
1. Description of Services.
Unless explicitly stated otherwise, any new features that enhance or augment the current Service, shall be subject to the Terms and Conditions. You understand and agree that the Service is provided “AS-IS” and that ABS assumes no responsibility for the timeliness, deletion, mis-delivery, substitution or failure to store any user communications or personalization settings.
3. Personal Non-Commercial Use.
The Services provided on this Site may be used for your own personal, non-commercial use, in accordance with the Terms and Conditions set forth on this Site. You agree to the following:
- You are eighteen years or older.
- When necessary, you have a valid credit/debit card or legitimate authorized use and access to an account with a financial institution.
- You are responsible for maintaining the confidentiality of your account, login name and password. You are responsible for all uses of your account, whether or not such use is made by you or is actually or expressly authorized by you.
- You will not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any content, information, products or services obtained from the Services, except as permitted by these Terms and Conditions or under applicable laws.
- You will not mirror on your own Web site, the home page or results pages of this Site, and that you agreed that you will not use any automated device or process, such as a “bot” or a “spider”, to copy or extract information or content from our Site, except to use such information or content for purpose of listing our Site with a Search Engine or other service designed to direct users to our web site. With respect to this last item, you must have our advance written permission, authorizing such listing.
- You will not copy, modify or publicly display any information or content on the site for any use in any commercial manner, except to use such information or content for purposes of listing our web site in a search engine or other service directing users to our Site. With respect to this item, you must have our advance written permission, authorizing such listing.
- You must not use or attempt to use the Site for illegal, immoral or harmful purposes. You must not interfere or attempt to interfere with ABS’s provision of the Site or the Services, or otherwise interfere or attempt to interfere with the use of the Site or the Services by others.
- All payments for Services ordered through the Site are due upon fulfillment of your order. Your order may be fulfilled by ABS, or by the Provider of the Services (“Provider”). You agree to pay for all Services using a valid credit or debit card, personal or Company check, electronic funds transfer or authorized purchase order (where permitted). ABS and/or the Provider reserve the right to withhold the Services that you order until payment in full, has been received for the Service.
4. Ownership: Copyright and Trademark.
You acknowledge and agree that the Site and the Services, and all intellectual property rights therein, are the exclusive property of ABS and its suppliers. Where specifically permitted, you may print or make copies of materials provided as part of the Services for personal use; except for such personal use, you agree not to print, copy or distribute any such materials for any purpose. You agree not to alter, modify or obscure any copyright, trademark or other proprietary notices on any such printouts or copies. All other printing, copying, reproduction, display, mirroring, retransmission or publication of material that is part of the Site or the Services is prohibited without the prior written consent of ABS.
All content and information included on the ABS Site, such as text, graphics, logos, buttons, icons, images, audio clips, and software, is the property of ABS or its content Providers and is protected by U.S. and international copyright laws. The compilation (i.e. the collection, arrangement, and assembly) of all content on the ABS site is the exclusive property of ABS and is protected by U.S. and international copyright laws. All software used on or downloadable from the ABS site is the property of ABS or is software suppliers and is protected by U.S. and international copyright laws.
Advantage Business Supplies. and related ABS graphics, logos, and service names are trademarks or service marks of Advantage Business Supplies. in the United States and other countries. Other graphics, logos, product or service marks used on this Site are registered trademarks or service marks or trademarks or service marks of third parties, including ABS’s affiliates, partners or Providers. ABS trademarks or service marks identify ABS and its Services, and let the public know the source of those products and services. You may make fair use of trademarks in referring to our Services (i.e. a newspaper or magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. All other uses are strictly prohibited without written permission from Advantage Business Supplies. or the owner of the trademark or service mark.
5. International Use.
The Internet is Global. Accordingly, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. No Resale of Site or License of Use.
You agree not to reproduce, duplicate, copy, sell, license or exploit, for any commercial purposes, any portion of the Site, use of the Site or access to the Site. Nothing on this Site, or your use of the Site, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ABS, its affiliates or any third party, whether by estoppel, implication or otherwise.
7. Termination of Use.
These Terms and Conditions will remain in force until terminated by you or ABS.
You may terminate these Terms and Conditions solely by discontinuing your access to and use of the Services.
ABS may terminate these Terms and Conditions, or suspend your access to all or part of the Site or the Services, for any conduct that ABS, at its sole discretion, believes disrupts the Site or the Services, violates any applicable law or breaches these Terms and Conditions You agree that any termination of your access to the Site under any provision of the Terms and Conditions may be effected without prior notice, and acknowledge and agree that ABS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further you agree that ABS shall not be liable to you or any third party for any termination of your access to the Site.
8. Modification to Site.
ABS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ABS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree to indemnify and hold ABS, and is subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of information that you submit or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.
10. Links to Third Parties.
This Site may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under ABS’s control, and, ABS is not responsible for the operation or content of any Linked Site or any link contained in a Linked Site. ABS is provided these links only as a convenience and the inclusion of a link does not imply endorsement of the Linked Site by ABS. ABS is not responsible for any services or goods provided on or from such Linked Sites or the companies who own or sponsor such Linked Sites. ABS shall not be liable for any damages or costs arising out of or in any way connected with your use of the services, products or companies accessed through this Site.
ABS makes no warranty or representation regarding the accuracy or completeness of the information on this Site or the Services. It is your sole responsibility to evaluate the usefulness, accuracy and completeness of this Site and the Services.
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AGREE THAT:
ABS PROVIDES THE SITE, AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON THE SITE, ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
ABS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR IMAGING ERRORS AND RESERVES QUANTITY RIGHTS FOR PRODUCT PURCHASES.
YOU AGREE THAT USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. ABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
THAT THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE;
THAT THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS;
AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY PROVIDER OF SERVICES, AND WHETHER YOU SHOULD DO BUSINESS WITH SUCH THIRD PARTY PROVIDER, AND
AS TO THE ACCURACY OF POSTINGS MADE ON THE SITE BY OR ON BEHALF OF ANY THIRD PARTY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVISE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ABS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
12. Limitation of Liability.
IN NO EVENT SHALL ABS, OR ANY OF ITS OFFICERS, AFFILIATES, CONTENT PROVIDERS, PARTNERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS), WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN TO ABS AND WHETER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
SOME STATES/JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY THE ABOVE LIMIATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PORTION OF THE SITE OR ANY ABS SITE OR ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
13. Applicable Law & Venue.
This Agreement and the relationship between you and ABS shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. You and ABS agree that any controversy or claim arising out of or relating to this Agreement and the relationship between you and ABS shall be submitted to the personal and exclusive jurisdiction of the federal, state and local courts located within Orange County, California, and you consent to proper venue in such courts. Notwithstanding the above, in the event of your breach any Section of this Agreement, ABS may seek injunctive relief and such other and further relief as any court of competent jurisdiction may deem just and proper. No action arising under or relating to these Terms and Conditions or your use of this Site or the Services may be brought by either party more than one year after the cause of action has occurred.
14. Other General Provisions.
If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or enforcement of any other term. You may not assign or transfer this Agreement in whole or in part without ABS’s prior written approval. Headings are for references only. This Agreement constitutes the entire agreement and understanding between you and ABS with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements.